AHILYAMBA CHATRAM AND DEVASTHANAM Vs. R SUBRAMANIA AYYAR

JUDGEMENT

(1.) This is a civil revision petition filed against the decree and judgment of the learned Small Cause Judge of Tanjore in S. C. No. 1177 of 1949.

(2.) The facts are : The plaintiff, R. Subramania Aiyar, was appointed as clerk of the defendant, Ahilyamba Chatram Devasthanam, in 1927. It is evident from. Ex. A. 1 that as security for the proper fulfilment of his duties as a clerk under the defendant devastanam, the plaintiff deposited as security on three occasion amounts aggregating to Rs. 200. The receipts for these payments are Exs. A. 2 to A. 4. The plaintiff left the service of the Devastanam in 1930. He gave a registered notice on 15-1-1947 for return of the amount deposited. The devastanam did not comply with the demand. Hence the suit in the lower court.

(3.) The controversy in the lower court and here is whether Article 120 or Article 145, Limitation Act, applies to the case. If the former is the case, the suit is barred by time and if the latter is the case, the suit is within, time.